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ARTICLE · 24 FEBRUARY 2025

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Does The Covid-19 Pandemic Constitute A Justified Reason For Non-Use?

Gün + Partners
Gün + Partners
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Gün + Partners

Gün + Partners

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The defendant in a non-use revocation action argued that the pandemic was a force majeure event which had compelled it to cease using its trademark temporarily

TurkeyIntellectual Property
  • The defendant in a non-use revocation action argued that the pandemic was a force majeure event which had compelled it to cease using its trademark temporarily
  • The court disagreed, holding that the mark at issue, registered for personal care goods in Class 3, should have been used even more intensively during the pandemic
  • The pandemic will not, in itself, be accepted as a justified reason for non-use in revocation actions

After the covid-19 pandemic was declared globally in 2020, measures were taken in Türkiye, like in the rest of the world, and lockdowns were experienced with sector-specific exceptions. The volume of certain business activities thus decreased, which naturally had an impact on trademark use in various sectors.

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